Last Tuesday November 8th, American voters had more than one question in their head. Some of the States used the presidential election to also ask about cannabis legalization. This way, in California, Massachussets, Nevada, Maine and Arizona voted in referendum for marijuana legalization of recreational use, and in Florida, Arkansas, Montana and North Dakota did it to decide if legalizing medicinal use of cannabis. Seems that Donald trump was not the only winner of the journey; cannabis legalization won in 8 out of 9 States consulted.
Cannabis Medicinal use legalization
Florida, Arkansas, Montana and North Dakota said "yes". With these now there are 29 States where cannabis is legal in USA, wether medicinal or recreational use.
The terms approved allow the treatment with medical marijuana in patients with illness like cancer, epilepsy, glaucoma, HIV, parkinson, multiple sclerosis and a long list more; and what is actually more interesting, doctors can authorize the use of marijuana in patients with other medical conditions of the same type, or comparable to the ilnesses expressed in the law.
It is specially overstanding the results gotten in Florida, where the most voted for cannabis (71%). What is most interesting is that this same question was previously asked in November 2014, exactly 2 years before, where just a 57% of voters said "yes", being necessary a 60% to pass the law. This works as a preceding for other states waiting to vote soon.
It is undeniable that a clear trending to social acceptation of cannabis, no only in State level, also in the whole country, due to, agree with latests polls, medicinal use of marijuana has the support of more than half of United States' population. Don't forget that federal laws consider ilegal, with no exception, the use of cannabis.
Legalization of Marijuana's recreational use
From the 5 States that last Tuesday voted for cannabis legalization with recreational purposes, only Arizona rejected the proposition, with a 52% of the votes against. So nowadays, in united States, there are 8 States where use of marijuana with recreational purposes it's legal. In addition to California, Massachussets, Nevada and Maine, this type of use was previously approved in Colorado, Oregon, Washington and Alaska, also in Columbia district.
But, what does it mean legal for recreational use?
Every State has its own laws. Even though, here we will notice you the common bases for the 4 purposes:
- Authorized the possession, growth and consumption of cannabis for over 21 adults.
- The maximum amount of plants for private growers is 6 plants.
- The sale of cannabis in regulated establishments with license is Authorized.
- Facilities relationed with growing, manufacturing, testing and distributing marijuana will be regulated.
Cannabis will be taxed with between a 10% and 15% (State taxes).
The maximum legal amount for an individual to have, at home will be established. Doesn't matter if it's at home (amount that goes from 28,5g in California or Nevada; to the 70g in Main; up to 284g in Massachussets) or in public places (28,5g).
In parallel, the use of cannabis in public places will be restricted and sanctioned, as well as possetion arround schools, driving under effects of cannabis, or the sale without license.
This model of regulation sets its base in the 64 amendment, that Washington previously accepted in 2012, wich was pioneer, not only in USA, also arround the world. This is a detailed legislation that pretends to keep away from other countries legal empty spaces were to sustand (like Uruguay, Holland and Chile).
A small step for California, a huge step for human being
With the pass of 64 purpose, Californians had gone a step further, and everybody is looking askance, waiting how this legalization model developes. For the moment, they took the best from 64 amendment and solved some of its lacks in a detailed and farsighted purpose. That's why, from here, even though lights and shadows of this purpose (that exist), and if someone wants to take note for future initiatives in Europe, we will start to celebrate the good manners of Californian goverment. Here are its highlights:
A specific comission to control cannabis will be created: Bureau of Marijuana Control.
The criminal penalties for non serious crimes relationed with marijuana (like possession of more than 28,5g) will be reduced to lower crimes.
Individuals with penalties before, relationed with marijuana, can present a petition to get their expedient modified according to the new law, so they can ask for a penalty reduction.
The fact of using medical marijuana will not mean a loss of rights of custody, nor paternity to these patients (this happened previously).
The medical informs of patients that use medical cannabis could be shared with health departments (local and State) always under the law of confidentiality of Medical Information.
The department of Food and Agriculture will take over regulating growth, manufacturing and sale of industrial hemp.
It's been calculated that thanks to cannabis legalization, more than 1000 million dollars in taxes will be generated, and this is one of our favourite points:
Benefits obtained from cannabis legalization will be reinvested in:
- Medical marijuana Investigation
- Social impact of cannabis legaliation
- Studies about marijuana and driving
- Rehab and mental health programs
- Programs to reduce the negative impact of the purpose: Youth education, prevention and treatment
Not all that shines is gold
There are many reasons to support 64 purpose: the reduction of criminal activity, reduction of black money, reduction of penalties and increase of financial incomings... Even though, the californian opinion is still divided after referendum. So why there are many cannabis tokers against purpose 64?
The 64 purpose has been recieving a large corporative support. Consumers, and communities are afraid that this purpose brings a free road to big coporations and farmacies, that will focus in benefits and exploting the maximum revenue of this new market, like smoking companies did before.
These users are against this purpose telling growth and industrial production will go against consumers, as well as decrease cannabis quality, so they still prefer the actual law than further industrialization. We should remember that in California, Medical Marijuana it's been legal since 1996.
Europe thinks in green
Cannabis is legal in more than half of the United States, already 8 States were recreational use is allowed, California is now an internationa dock of Cannabis. All this is great, but... What happens in Europe?
Sadly, Europe is light years away from USA advances in cannabis matters. In Holland even being a light ray in dark Europe, in 2016 the growth and comercialization of cannabis is highly restricted, and most of the European Union is still stuck in decriminalization. The progress is slow, and takes time.
Even though, Europe is more conscient that criminalization has failed. During the last 5 years the social claim for medicinal cannabis use has increased, and nowadays, in Germany, Czeck Republic, Macedonia and Romania is now possible to get, under medical recipy, medical cannabis, and cannabinoid based drugs.
The great surprise was given by German goverment last May 2016, anouncing the medical marijuana will be legalized in 2017. Even though this still not a fact, are many who see this german purpose a step that opens cannabis legalization to all Europe, like it happened in 1996 when California legalized by the first time medical marijuana, or like happened later on 2012, when Washington and Colorado legalized recreational use of cannabis.
After what happened in USA, Germany is closer to get it. If the Californian experience is positive, and economical benefits are the expected, if incommings are truly invested in security and public education negative impact of legislation could be reduced, if these things work, then, European politics will be forced to formally open cannabis debate.
If you thought this article was interesting maybe the you are also interested in the following ones:
